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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5220 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 5220

   To establish a process for expedited consideration of legislation 
    relating to decisions by the Supreme Court of the United States.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 25, 2024

  Mr. Whitehouse (for himself, Ms. Cortez Masto, Mr. Blumenthal, Mr. 
Padilla, Ms. Warren, Ms. Hirono, Mr. Wyden, Mr. Welch, Mr. Merkley, and 
  Mr. Booker) introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
   To establish a process for expedited consideration of legislation 
    relating to decisions by the Supreme Court of the United States.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Supreme Court Review Act of 2024''.

SEC. 2. DEFINITIONS.

    In this Act--
            (1) the term ``covered joint resolution'' means a joint 
        resolution that--
                    (A) is--
                            (i) reported by a committee of the Senate 
                        not later than 30 days of session after the 
                        date on which the joint resolution is referred 
                        to committee;
                            (ii) placed on the calendar in the Senate 
                        in accordance with section 3(a); or
                            (iii) placed on the calendar in the Senate 
                        in accordance with section 3(c); and
                    (B) is germane to the covered Supreme Court 
                decision described in paragraph (3)(A)(i), with respect 
                to the joint resolution;
            (2) the term ``covered Supreme Court decision'' means a 
        decision of the Supreme Court--
                    (A) which interprets a provision of Federal 
                statute; or
                    (B) which interprets or reinterprets the 
                Constitution of the United States in a manner that 
                diminishes an individual right or privilege that is or 
                was previously protected by the Constitution of the 
                United States;
            (3) the term ``joint resolution'' means only a joint 
        resolution--
                    (A) that is introduced during the period--
                            (i) beginning on the date on which the 
                        Supreme Court issues a covered Supreme Court 
                        decision; and
                            (ii) ending on the date that is 10 days of 
                        session after the date described in clause (i);
                    (B) the title of which is as follows: ``Joint 
                resolution relating to ____'', the blank space being 
                filled in with the name of the covered Supreme Court 
                decision described in subparagraph (A)(i); and
                    (C) which does not have a preamble; and
            (4) the term ``Supreme Court'' means the Supreme Court of 
        the United States.

SEC. 3. RECONSIDERATION OF COVERED SUPREME COURT DECISIONS.

    (a) Discharge of Committee in the Senate.--
            (1) Motion to discharge.--Upon a motion by the minority 
        leader or the ranking member of a committee to which a joint 
        resolution with respect to a covered Supreme Court decision has 
        been referred, such committee shall be discharged from further 
        consideration of such joint resolution and the joint resolution 
        shall be placed on the calendar, if such motion by the minority 
        leader or the ranking member of such committee is made during 
        the period--
                    (A) beginning 30 days of session after the date on 
                which such joint resolution is referred to such 
                committee; and
                    (B) ending on the date that is 10 days of session 
                after the date described in subparagraph (A).
            (2) Limitations.--Only 1 covered joint resolution with 
        respect to a particular covered Supreme Court decision may be 
        placed on the calendar in the Senate pursuant to this 
        subsection.
    (b) Expedited Consideration in the Senate.--
            (1) Proceeding to consideration.--
                    (A) In general.--Notwithstanding rule XXII of the 
                Standing Rules of the Senate, in the Senate, it shall 
                be in order to move to proceed to a covered joint 
                resolution not later than 10 days of session after the 
                date on which the covered joint resolution is placed on 
                the calendar.
                    (B) Procedure.--Subject to the limitations under 
                subparagraph (C), for a motion to proceed to the 
                consideration of a covered joint resolution--
                            (i) all points of order against the motion 
                        are waived;
                            (ii) the motion is not debatable;
                            (iii) the motion is not subject to a motion 
                        to postpone;
                            (iv) a motion to reconsider the vote by 
                        which the motion is agreed to or disagreed to 
                        shall not be in order; and
                            (v) if the motion is agreed to, the covered 
                        joint resolution shall remain the unfinished 
                        business until disposed of.
                    (C) Limitations on motions to proceed.--The 
                procedures set forth in subparagraph (B) shall apply 
                only to--
                            (i) for a covered joint resolution reported 
                        by a committee, a motion to proceed made by the 
                        majority leader, the chair of such committee, 
                        or a designee;
                            (ii) for a covered joint resolution placed 
                        on the calendar under subsection (a)(1), a 
                        motion to proceed made by the majority leader, 
                        the minority leader, the ranking member 
                        described in subsection (a)(1), or a designee; 
                        or
                            (iii) for a covered joint resolution 
                        received from the House, a motion to proceed 
                        made by the majority leader, the chair of the 
                        committee with jurisdiction of the covered 
                        joint resolution, or a designee.
            (2) Floor consideration generally.--If the Senate proceeds 
        to the consideration of a covered joint resolution--
                    (A) all points of order against the covered joint 
                resolution (and against consideration of the covered 
                joint resolution) are waived, except for points of 
                order relating to non-germane matters;
                    (B) consideration of the covered joint resolution, 
                and all amendments, debatable motions, and appeals in 
                connection therewith, shall be limited to not more than 
                10 hours, which shall be divided equally between the 
                majority and minority leaders or their designees;
                    (C) a motion further to limit debate is in order 
                and not debatable;
                    (D) the only amendments in order to the covered 
                joint resolution are--
                            (i) germane amendments proposed by a 
                        committee to which the joint resolution was 
                        referred;
                            (ii) not more than 5 germane amendments 
                        proposed by the majority leader, or a designee; 
                        and
                            (iii) not more than 5 germane amendments 
                        proposed by the minority leader, or a designee;
                    (E) a motion to postpone or a motion to recommit 
                the covered joint resolution is not in order; and
                    (F) a motion to proceed to the consideration of 
                other business is not in order.
            (3) Point of order against non-germane matter.--
                    (A) Point of order.--
                            (i) In general.--In the Senate, it shall 
                        not be in order to consider a provision in a 
                        covered joint resolution, or an amendment 
                        thereto, that contains non-germane matter.
                            (ii) Point of order sustained.--If a point 
                        of order is made by a Senator against a 
                        provision described in clause (i), and the 
                        point of order is sustained by the Chair, that 
                        provision shall be stricken from the measure.
                    (B) Considerations.--In determining whether a 
                provision is germane under this paragraph, the factors 
                considered by the Chair shall include--
                            (i) whether the provision amends a 
                        provision of Federal statute that is not 
                        referenced in the opinion associated with the 
                        covered Supreme Court decision at issue in the 
                        covered joint resolution;
                            (ii) whether the provision amends a 
                        provision of Federal statute that is not 
                        referenced in a Federal statute that is 
                        referenced in the opinion associated with the 
                        covered Supreme Court decision at issue in the 
                        covered joint resolution; and
                            (iii) whether the provision amends a 
                        provision of Federal statute in a manner that 
                        is not directly related to the decision in the 
                        covered Supreme Court decision at issue in the 
                        covered joint resolution.
                    (C) Conference reports.--When the Senate is 
                considering a conference report on, or an amendment 
                between the Houses in relation to, a covered joint 
                resolution, upon a point of order being made by any 
                Senator pursuant to subparagraph (A)(i), and such point 
                of order being sustained, such material contained in 
                such conference report or House amendment shall be 
                stricken, and the Senate shall proceed to consider the 
                question of whether the Senate shall recede from its 
                amendment and concur with a further amendment, or 
                concur in the House amendment with a further amendment, 
                as the case may be, which further amendment shall 
                consist of only that portion of the conference report 
                or House amendment, as the case may be, not so 
                stricken. Any such motion in the Senate shall not be 
                debatable. In any case in which such point of order is 
                sustained against a conference report (or Senate 
                amendment derived from such conference report by 
                operation of this subparagraph), no further amendment 
                shall be in order.
                    (D) Supermajority waiver and appeal.--In the 
                Senate, this paragraph may be waived or suspended only 
                by an affirmative vote of three-fifths of the Members, 
                duly chose and sworn. An affirmative vote of three-
                fifths of Members of the Senate, duly chosen and sworn 
                shall be required to sustain an appeal of the ruling of 
                the Chair on a point of order raised under this 
                paragraph.
            (4) Vote on passage.--The vote on passage of a covered 
        joint resolution shall occur immediately following the 
        conclusion of the consideration of the covered joint 
        resolution, and a single quorum call at the conclusion of the 
        debate if requested in accordance with the rules of the Senate.
            (5) Limitation on multiple measures.--If a covered joint 
        resolution with respect to a covered Supreme Court decision is 
        agreed to in the Senate, except as provided in subsection 
        (c)(1), it shall not be in order in the Senate to move to 
        proceed to any other covered joint resolution that is placed on 
        the calendar in the Senate with respect to the covered Supreme 
        Court decision.
            (6) Rulings of the chair on procedure.--Appeals from the 
        decisions of the Chair relating to the application of this 
        subsection or the rules of the Senate, as the case may be, to 
        the procedure relating to a covered joint resolution shall be 
        decided without debate.
    (c) Additional Procedures.--
            (1) Treatment of covered joint resolution of other house.--
                    (A) In general.--If the Senate receives from the 
                House of Representatives a joint resolution with 
                respect to a covered Supreme Court decision within 40 
                days of session after the date on which the Supreme 
                Court issues such covered Supreme Court decision, the 
                joint resolution of the House of Representatives shall 
                not be referred to a committee, shall immediately be 
                placed on the appropriate calendar, and shall be 
                entitled to expedited floor procedures under this 
                section, without regard to whether the Senate 
                introduced a joint resolution or considered a covered 
                joint resolution relating to the applicable covered 
                Supreme Court decision.
                    (B) Limitation on multiple measures.--If a joint 
                resolution with respect to a covered Supreme Court 
                decision received from the House of Representatives is 
                considered in the Senate under the procedures under 
                this section, it shall not be in order in the Senate to 
                move to proceed to any other joint resolution with 
                respect to the covered Supreme Court decision that is 
                received from the House of Representatives.
            (2) Vetoes.--If the President vetoes a covered joint 
        resolution, consideration of a veto message in the Senate under 
        this section shall be not more than 2 hours equally divided 
        between the majority and minority leaders or their designees.
    (d) Rules of the Senate.--Subsections (a), (b), and (c) are enacted 
by Congress--
            (1) as an exercise of the rulemaking power of the Senate, 
        and as such are deemed a part of the rules of the Senate, but 
        applicable only with respect to the procedure to be followed in 
        the Senate in the case of a covered joint resolution, and 
        supersede other rules only to the extent that they are 
        inconsistent with such rules; and
            (2) with full recognition of the constitutional right of 
        the Senate to change the rules (so far as relating to the 
        procedure of the Senate) at any time, in the same manner, and 
        to the same extent as in the case of any other rule of the 
        Senate.

SEC. 4. RULE OF CONSTRUCTION.

    Nothing in this Act shall be construed to limit the authority of 
the Senate or the House of Representatives to consider and enact 
legislation relating to a provision of Federal statute interpreted for 
the first time or reinterpreted by a covered Supreme Court decision or 
rights under the Constitution of the United States under other 
applicable procedures.
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